in opening statements defense attorneys telling the jury that a smoldering july just see called esteban to lose it. text messages will play a bill role in 24 tria this trial as prosecutors will show threatening tex from esteban, both to her child and to lee, telling her husband that michelle lee had dug her own grave by having an affair with him. gregg: the old heat of passion sudden impulse defense, sometimes it works. we'll wait and see. jenna: fox news alert. early voting begins today in the key battleground state of ohio. there is also some breaking news on a tough new voter i.d. requirement in pennsylvania. a judge is now blocking that new requirement, ordering it not be enforced in the presidential election. democrats have mounted a furious opposition to this law that requires each voter to show a valid photo i.d. before filling out a ballot. republicans say it's necessary to prevent election fraud. at lowe's for now it's no least for now it's not going to happen in the state of philadelphia. judge andrew napolitano is a judicial analyst. why now so close to the election. >> it's